High Court Of ChhattisgarhMCRC/8555/2020allowed

Prakash Patel v. State Of Chhattisgarh

2021-02-24Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 8555 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8555 of 2020 • Prakash Patel S/o Goverdhan Patel, Aged About 27 Years R/o North Jhagdakhad, Police Station Jhagdakhad, District Koriya Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Manendragarh, District Koriya Chhattisgarh.

---- Respondent For Applicant :- Mr. Manoj Paranjpe, Advocate For Respondent-State :- Mr. Ayaz Naved, G.A.

For Objector :- Mr. Anil Gulati, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 24/02/2021

1. This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.350/2020, registered at Police Station Manendragarh, District Koriya C.G. for the offence punishable under Sections 376 (2)(ढ), 323, 506 of the I.P.C.

2. Applicant has allegedly committed forcible sexual intercourse with the prosecutrix, a divorced woman aged

MCRC No. 8555 of 2020 about 31 years having an 11-year-old boy, between the period from 30.12.2019 to 6.10.2020. In the written complaint lodged on 12.10.2020 she alleges that in the night of 30.12.2019, the applicant committed forcible sexual intercourse for the first time on promise to marry and thereafter continued sexually exploiting her on the said promise and later on refused to marry.

3. Learned State counsel and learned counsel for the objector would vehemently oppose the prayer for grant of bail.

4. Considering that the prosecutrix is a married lady and there is delay in lodging the FIR as also for the fact that the applicant is in jail since 13.10.2020 and the charge-sheet has already been filed, I am inclined to release the applicant on bail.

5. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Certified copy as per rules.

SD/- (Prashant Kumar Mishra) Judge Ayushi